Serbia Handbook for Legal Aid Providers Final
Serbia Handbook for Legal Aid Providers Final
Serbia Handbook for Legal Aid Providers Final
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- prepare and widely disseminate an in<strong>for</strong>mation campaign to reach affected groups.<br />
- free access to courts, cadastre and other offices throughout Kosovo and Metohija.<br />
Established Levels of <strong>Legal</strong> <strong>Aid</strong><br />
The Project has categorized (3) three progressive levels of legal aid that is provided to IDPs<br />
and two levels to refugees. Each level involves a different set of activities. These levels are<br />
outlined hereunder:<br />
<strong>Legal</strong> in<strong>for</strong>mation/advice<br />
Basic legal in<strong>for</strong>mation can be provided immediately by the <strong>Legal</strong> <strong>Aid</strong> officer, without<br />
preliminary approval, including on issues falling outside the mandate of the legal aid Project.<br />
It includes in<strong>for</strong>mation to the client on the appropriate venue in which to file<br />
documents/claims or in<strong>for</strong>mation on a specific court procedure. To the extent possible, the<br />
<strong>Legal</strong> <strong>Aid</strong> officer will assist in contacting directly the appropriate institutions/organizations.<br />
An applicant contacting the <strong>Legal</strong> <strong>Aid</strong> office and requesting basic legal in<strong>for</strong>mation needs<br />
only to complete an application <strong>for</strong>m <strong>for</strong> internal legal aid purposes.<br />
<strong>Legal</strong> advice requires a more thorough understanding of the claimant’s legal problem and<br />
includes advising the client on issues such as availability of legal remedies, trial preparation,<br />
legal options, tactics (e.g. who to sue, what to ask <strong>for</strong>, on which grounds, with which<br />
institution, etc.)<br />
<strong>Legal</strong> Assistance<br />
<strong>Legal</strong> assistance requires an actual agency-relationship between the client and the <strong>Legal</strong><br />
<strong>Aid</strong> officer. It includes providing direct assistance in drafting and submitting claims, lawsuits,<br />
letters as well as in collecting evidence/documents. When it is determined that legal<br />
assistance is required, the <strong>Legal</strong> <strong>Aid</strong> officer prepares a case brief outlining the facts and the<br />
issues surrounding the case and requests the approval of the Team Leader to provide legal<br />
assistance. Once approval is received, a <strong>Legal</strong> <strong>Aid</strong> Service Agreement is signed, outlining<br />
the specific assistance to be provided to the client.<br />
In-Court representation<br />
Depending on the case, in-court representation is provided, be<strong>for</strong>e courts of first instance,<br />
the Supreme Court of KiM, and other relevant bodies. Criteria <strong>for</strong> accepting in-court<br />
representation cases include the potential of the case to set a precedent and the merit of the<br />
case. Once approved by the Team Leader, the <strong>Legal</strong> <strong>Aid</strong> officer can represent the client at<br />
the approved level.<br />
In order to protect the <strong>Legal</strong> <strong>Aid</strong> officer from obligating him/herself to represent the client at<br />
levels not acceptable to the Project, approval <strong>for</strong> representation must be registered <strong>for</strong> each<br />
stage of representation separately. For example, permission may be granted <strong>for</strong> legal aid<br />
representation at the Municipal Court level, but will need a separate approval <strong>for</strong><br />
representation at the District Court level.<br />
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